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Michigan Court Upholds Zoning Denial; Defines "Church"

By Howard M. Friedman

In Great Lakes Society v. Georgetown Charter Township, (MI Ct. App., Oct. 30, 2008), the Michigan Court of Appeals upheld the Georgetown Zoning Board of Appeals' denial of an application for a special use permit and a variance that had been requested for a religious center. The court first concluded that the proposed building was a "church" for zoning purposes and that the trial court had applied an incorrect standard in holding otherwise. Great Lakes Society ministers to persons who have chemical sensitivities to common environmental pollutants. It also has a phone book listing under "Nutritionists". Its proposed building would contain space for a number of activities related to its ministry. The appellate court held that it is sufficient that the building is primarily used for public worship and reasonably closely related activities. The Court of Appeals went on to find that the Zoning Board of Appeals and the Township "properly decided not to grant a variance with respect to the proposed building location and that they did not violate the RLUIPA or any constitutional guarantees by making that decision."

Full post as published by Religion Clause on November 06, 2008 (boomark / email).